ACLU: New funeral law stifles speech

A law just signed by President Barack Obama that makes it more difficult for protesters to picket military funerals has already drawn fire from the American Civil Liberties Union, which says it muffles free speech.

The legislation, which Obama signed Monday as part of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act, doubles the distance picketers must keep away from funerals, from 150 feet to 300 feet. It also restricts such protests from happening two hours before or after the services. The previous law had a one-hour restriction.

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Obama said upon signing the bill that he believed it was a reasonable restriction on the freedoms of speech and assembly.

“The graves of our veterans are hallowed ground,” he said. “We all defend our Constitution and the First Amendment and free speech, but we also believe that when men and women die in the service of their country and are laid to rest, it should be done with the utmost honor and respect.”

Protesters attending military funerals have long sparked controversy as the extreme Westboro Baptist Church has used the funerals to condemn homosexuality. Last year, the Supreme Court ruled legislation banning Westboro protests as unconstitutional, despite calling the group’s picketing “hurtful.”

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain,” wrote Chief Justice John Roberts in the majority opinion. “As a nation, we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”

After that ruling, lawmakers passed legislation restricting such protests.

ACLU litigation policy adviser Gabriel Rottman says the new measures stifle free speech. And though the protesters’ message may be unpopular, that doesn’t make it unconstitutional, he said.

“This law is about making the message a federal crime, and that’s a violation of the Constitution to which members of the military swear their oath,” Rottman told POLITICO.

Not so, said Rep. Charlie Bass (R-N.H.), who co-sponsored a version of the bill with Rep. Jim Matheson (D-Utah). Sen. Olympia Snowe (R-Maine) carried it in the Senate. Called the Sanctity of Eternal Rest for Veterans Act, the measure had widespread bipartisan support.

“This measure will preserve dignity at these solemn events while still protecting the First Amendment rights that our nation’s heroes have fought and died for,” Bass told POLITICO. “Their families deserve to be able to grieve in peace.”

Snowe agreed, saying the new law does not dictate the content of any speech but, rather, provides time and distance buffers that are reasonable restrictions within the First Amendment. “It is my hope that this measure will provide comfort to the families of those who have made the ultimate sacrifice, as they seek only to bury their loved ones with peace and dignity,” she said in a statement.

The main portion of the bill signed by the president gave health care benefits to veterans and their families who were exposed to contaminated drinking water at Camp Lejeune from 1957 to 1987.

Correction: A previous version of this story misidentified Sen. Olympia Snowe’s party.